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probable cause determination Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "probable cause determination"

Ohio DUI Law And The Portable Breath Test

In State v. Shuler , 168 Ohio App.3d 183, 2006-Ohio-4336, the Ohio Supreme Court took up the issue of whether a portable breath test device (hereinafter 'PBT') can be used as evidence in a drunk driving prosecution.  The court found that, PBT devices are not among those instruments listed in Ohio Adm.Code 3701-53-02 as approved evidential breath-testing instruments for determining the concentration of alcohol in the breath of individuals potentially in violation of R.C. 4511.19. PBT results are considered inherently unreliable because they “may register an inaccurate percentage of alcohol present in the breath, and may also be inaccurate as to...

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The Problems With Portable Breath Tests (by DaytonDUI)

In possibly the best article you will ever read on portable breath testing, DUI attorneys Justin McShane and Josh Lee describe the portable breath test devises which are used by the Ohio State Highway Patrol as a "potentially dangerous, non-specific and non-selective measures at roadside."  You can find the article HERE and in the Voice for the Defense. The Problems of Fuel Cell Devices1.1. Lack of Specificity20 for EthanolAs PBTs are used for purportedly forensic purposes, their specificity for ethanol becomes a critical factor. The electrochemical detector is not specific for ethanol.21 Indeed, there is “much evidence to show” they are actually not...

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